News Summary

  • The U.S. Department of Labor on Tuesday issued a proposed rule aimed at protecting millions of American workers indoors and outdoors from extreme heat.
  • The proposed rule would require employers to develop a Heat Injury and Illness Prevention Plan to control and mitigate heat hazards in the workplace. The standard would require employers to assess heat risks and provide drinking water, rest breaks, and indoor cooling controls when necessary, while also requiring plans for workers not yet acclimatized to heat.
  • Once the proposed rule is published in the Federal Register, the public will be able to submit written comments. OSHA also said it expects to hold public hearings on the rule after the written comment period ends.

In-Depth Analysis

Since April 2022, OSHA has implemented a National Emphasis Program on heat safety, but the proposed rule would make it an enforceable guideline rather than general recommendations such as "water, rest, shade." In April of this year, OSHA's Advisory Committee on Construction Safety and Health unanimously recommended that the agency "move expeditiously" with a notice of proposed rulemaking, clearing an obstacle for the standard.

Under the proposed rule, the Heat Injury and Illness Prevention Plan must describe how the company adequately monitors the environment to determine whether heat poses a hazard to work, using metrics such as the heat index or wet bulb globe temperature.

The rule states that when temperatures reach or exceed one of these heat trigger thresholds, employers must provide appropriate protective measures. For example, if temperatures are high enough, employers must ensure each employee has access to at least one quart of potable, suitably cool drinking water per hour.

Additionally, the proposed rule specifies rest requirements in naturally or artificially shaded areas or air-conditioned environments in enclosed spaces, and details specific arrangements for rest areas in indoor or outdoor work environments.

The rule also provides guidance on personal protective equipment, defining rest periods, and heat acclimatization requirements for workers not yet adapted to heat.

"Workers across the nation are suffering heat illness, fainting, and even dying from work, and we must take action to protect them," said Assistant Secretary of Labor for Occupational Safety and Health Douglas Parker. "Today's proposal is an important step to solicit public input to develop a 'win-win' final rule that protects workers while being practical for employers."

Leaders of the National Council for Occupational Safety and Health (National COSH) praised the proposal as a "critical step" to protect workers as climate change makes weather hotter across the nation.

"The rule provides a clear framework for promoting a culture of safety and accountability," Marcy Goldstein-Gelb, co-executive director of National COSH, said in a statement provided to Construction Dive.